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AUDETT v. PURCELL

202 Or. 585 (1954)

276 P.2d 943

IN THE MATTER OF THE APPLICATION OF JAMES H. AUDETT FOR A WRIT OF HABEAS CORPUS AUDETT v. PURCELL

Supreme Court of Oregon.

Affirmed November 24, 1954.

Attorney(s) appearing for the Case

Merlin Estep, of Salem, argued the cause for appellant. On the brief were Frank W. King, of Portland; Hewitt, Estep & Sorensen, of Salem; and J. Robert Jordon, of Portland.

Charles E. Raymond, Deputy District Attorney, of Portland, argued the cause for respondent. With him on the brief was John B. McCourt, District Attorney, of Portland.

Before WARNER, Acting Chief Justice, and ROSSMAN, LUSK, BRAND and TOOZE, Justices.

AFFIRMED.

TOOZE, J.

The plaintiff, James H. Audett, appeals from the judgment of the circuit court for Multnomah county quashing a writ of habeas corpus issued on his behalf.

In the circuit court for Umatilla county, on November 20, 1950, plaintiff was sentenced to serve a term of seven and one-half years in the Oregon State Penitentiary, upon his conviction of the crime of larceny. Subsequently, the governor of this state commuted said sentence to...

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